Wilmington Savs. Fund Soc., FSB v. Cordelia

Summary

The Ohio Eighth District Court of Appeals affirmed summary judgment and a foreclosure decree in favor of Wilmington Savings Fund Society, FSB, as trustee for NLT 2021-Inv2 Trust. The court rejected the appellant’s asserted trust, lawful-tender, allodial-title, jurisdictional, and sovereign-citizen or Moorish-American arguments, concluding that no genuine issue of material fact existed.

Holdings

1. Williams did not waive review because the trial court expressly reviewed and overruled his objections when it adopted the magistrate's decision, and the appellate court could review those objections as though they had been filed in response to the full decision.
2. Summary judgment and the foreclosure decree were proper because Wilmington Savings established that it held the note and mortgage, a default occurred, the debt was properly accelerated, and Williams was liable for the amount due, while Williams failed to establish a genuine issue of material fact.
3. The court summarily rejected Williams's sovereign-citizen and Moorish-American arguments and concluded that his related trust, tender, allodial-title, and jurisdictional assertions did not establish a defense or a genuine issue of material fact.

Questions Presented

1. Whether the trial court properly considered Williams's objections to the magistrate's summary-judgment order even though he did not file objections to the magistrate's later full decision.
2. Whether summary judgment and foreclosure were proper when Wilmington Savings established that it held the note and mortgage, a default occurred, the debt was properly accelerated, and Williams was liable for the amount due.
3. Whether Williams's alleged tender, trust relationship, allodial title, sovereign-citizen status, lack of consent to jurisdiction, and due-process arguments created a genuine issue of material fact or otherwise barred foreclosure.

Disposition

affirmed